Home›Bar Review›2024›Remedial Law›Question 15
Question 15
15. Rigor, Marites and Lena are best friends. Eventually, Rigor married
Marites but they separated due to irreconcilable differences. After five
years, Marites visited Rigor in his apartment for possible reconciliation.
Marites was surprised to discover that Rigor and Lena were already living
together as common law partners. Due to extreme jealousy, Marites
physically assaulted Lena who sustained major contusions and trauma.
The public prosecutor charged Marites with serious physical injuries. At
the trial, the prosecution called Rigor in the witness stand to testify on the
incident. Marites invoked the marital disqualification rule which prohibits
the spouses from testifying against one another during their marriage.
Marites argued that her marriage with Rigor remains valid and existing
despite their separation. The prohibition must apply to bring back
solidarity and harmony in their marital relationship. Is the marital
disqualification rule applicable between Rigor and Marites? Explain.
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